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2012 DIGILAW 335 (JK)

Imtiyaz Ahmad Bhat & Ors. v. State & Ors.

2012-06-12

MANSOOR AHMAD MIR

body2012
1. By the medium of the writ petition on hand, the petitioners have sought writ of mandamus commanding the respondents to accept and entertain the Degrees of Master of Science, obtained by the petitioners in Ecology and Environment from Sikkim Manipal University of Health, Medical and Technological Sciences, Gangtok, to call them for interview and to consider them for selection/appointment to the post of Lecturer (10+2) in Environmental Science. Learned counsel for the petitioners has further made a prayer to direct the respondents to accept the M.Phil Degree of petitioner No. 1 obtained by him from Vinayaka Missions University, Salem, Tamilnadu, and grant him necessary exemption irrespective of his having qualified the screening test and call him for interview and consider him for selection/appointment against the aforementioned post. 2. Precisely, the case of the petitioners is that they have obtained their Degrees/diplomas/certificates from the Sikkim Manipal University of Health, Medical and Technological Sciences, Gangtok. It is contended that the Degrees/diplomas/certificates obtained by the petitioners from the Universities aforementioned are recognized by all members of the Association of Indian Universities. 3. Respondents have filed the reply and have resisted prayers made in the writ petition. Respondent No. 4 in his reply has specifically averred in his reply affidavit that the Sikkim Manipal University of Health, Medical and Technological Sciences, Gangtok, is not a recognized University. Respondents 2 and 3 in their replies have averred that the Jamrnu & Kashmir Public Service Commission (for short the Commission) is a Constitutional Body, and, in terms of Rule 40 of the Jammu & Kashmir Public Service Commission (Business & Procedure) Rules, 1980, the Commission has the power to shortlist the candidates for interview and make selections in pursuance to Rule 51 of the said Rules. 4. From a perusal of the record, it is revealed that the posts of Lecturer (10+2) Environmental Sciences were advertised vide Notification No. 06-PSC of 2008 dated 23.05.2008 and No. 07-PSC of 2009 dated 09.03.2009. In response to the said notifications, 1387 candidates applied for the posts in question. 5. It is stated in the reply by respondents 2 & 3 that they received representations from some candidates who had obtained Research Degrees through distance mode beyond their jurisdiction without seeking proper approval from the designated regulatory bodies, like University Grants Commission, Universities of Kashmir and Jammu. 5. It is stated in the reply by respondents 2 & 3 that they received representations from some candidates who had obtained Research Degrees through distance mode beyond their jurisdiction without seeking proper approval from the designated regulatory bodies, like University Grants Commission, Universities of Kashmir and Jammu. On receipt of such representations, the matter was taken up by the Commission with the Higher Education Department of the State on 22.07.2009 in pursuance of the Commission's decision taken in its 10th Meeting held on 08.07.2009. In response to the above communication, the Higher Education Department, vide their communication dated 18.08.2009, informed the Commission as under: "The degrees obtained through distance mode, except from IGNOU and DOEACC, shall be entertained as the same are recognized by the, Universities of Kashmir and Jammu. Besides, the decision of the universities shall be final in case of any disputed degrees submitted by the candidates with the application. This was as a result of the considered view of the Higher Education Department and in line with the directions of the Hon'ble Supreme Court of India in the case of Prof. Yash Pal. The University Grants Commission has also debarred the State Universities/State Private Universities to establish off-campuses, study centers and franchise in the name of distance education programmes outside the territorial jurisdiction of their State." 6. Admittedly, the petitioners have not questioned the aforesaid decision of the Government. In that view of the matter, the case of the petitioners cannot be considered in isolation of the aforesaid decision of the State Government in the Higher Education Department. 7. Respondent No. 1 has also filed a detailed reply in which it is specifically pleaded that the degrees obtained by the petitioners, a mention of which is made in the writ petition, are not recognized and no equivalence can be granted thereto. It is relevant to extract paragraphs 6 and 7 of the reply filed by respondent No. 1, which read as under: "6. That the answering respondent submits that the Standing Committee of the Academic Council which is a statutory body of the University of Jammu and has to deal with recognition of examination and granting equivalence to different course, in its meeting on 26.12.2008 have resolved that M. Phil Degree obtained through Distance Mode be not recognized as equivalent to the regular M. Phil Degree of the University of Jammu. The said decision since have been taken by the body of experts and the Hon'ble Court while exercising its extraordinary jurisdiction may not interfere with the same. Copy of the communication No. F. Acd/11-A/08/538 dated 23.01.2009 is annexed herewith and marked as Annexure Rl. 7. That the answering respondent further submit that the equivalence Committee of University of Kashmir constituted for the purposes of considering grant of recognition of such degrees through distance mode and resolved as under on 10.04.2008: "That recognition be granted to the Masters/Bachelors degree in Arts, Social Science/Commerce obtained by the candidates through Distance mode from the Universities/Institutions recognized by the University Grants Commission and approved by the Distance Education Council, except the courses where practicals are involved. However, recognition of Research degrees viz M. Phil, Ph. D degrees awarded by the Universities through Distance Mode be not agreed to." 8. It is further stated that the Ministry of Human Resource Development Department of Higher Education, New Delhi, have clarified the position regarding the recognition of academic qualifications acquired through distance mode and their acceptance for the purpose of employment in Central/State Government services, the relevant paragraph whereof is reproduced as under: (a) It is upto the concerned academic Institution/University to recognize the qualification including certificate, diploma, degree etc. for the purpose of academic pursuit i.e. continuing education for acquiring another academic qualification, with it. As regards, recognition of academic qualifications for the purpose of employment, it is the prerogative of concerned employer to take a view on the recognition of the degree, diploma etc." 9. The petitioners also have failed to produce any document from the competent authority to demonstrate that the degrees/diplomas/certificates relied upon by them are recognized in terms of mandate of University Grants Commission Act and/or any decision of the Jammu and Kashmir Higher Education Department. This Court in a bunch of writ petitions, the leading case being OWP No. 674/2010 titled Khurshid Ahmad Sheikh & others v. State of J&K and others decided on 06.06.2012, incidentally, of which I am the author, has held as under: (8) In their objections, all the respondents in one voice have specifically averred that the Universities from where the petitioners in all the writ petitions have obtained degrees, are not recognized for offering off campus courses i.e. distance mode of education. (9) The stand of the Government of J&K is that degrees obtained through distance mode are not recognized by it. It is averred that the Standing Committee of Academic Counsel, a statutory body of University of Jammu has resolved it, therefore, is binding. (10) The University of Kashmir, in its objections, submits that research degrees viz. M. Phil/Ph.D degrees awarded by universities through distance mode be not entertained/accepted to be valid as the same requires the services of a full fledged guide at the back of the student pursuing such coarse. In support of such contention, the University of Kashmir has placed reliance on a decision taken by its Committee dated 10th April, 2008. The University goes on to say that since the decision has not been challenged, therefore, the petitions merit to be dismissed on that count also. It is further contended that University of Kashmir does not give equivalence lo the certificates pursued for research programmes, issued by any university through distance mode, with its corresponding degrees. The reason for not granting equivalence to such certificates is that research programme has to be imparted in the University campus itself and requires extensive practical work and guidance from guide appointed by the concerned university for supervision during such research, therefore, it can in no circumstances be imparted though distance mode. (11) The stand of the UGC and DEC is no different. 10. This Court in another writ petition (SWP No. 187/2006) of identical nature, titled Bilal Ahmad Najar and others v. State of J&K and others 2010 (2) JKJ HC-218 decided on 27.02.2009, has also held as under: "On consideration of the matter I could not find any ground for admission of the present petition. The petitioner has obtained a degree in distance education which admittedly is not a recognized degree by the University of Kashmir or by the Government of Jammu & Kashmir as such the degree obtained by the petitioner cannot be treated as a valid degree in so far as employment in the State is concerned. It is urged by the learned counsel for the petitioner that though the degree obtained by the petitioner is through distance education mode it is not in fact so as the petitioner has attended regular classes at the Kawa Institute of Management. This in my view will not help the petitioner. It is urged by the learned counsel for the petitioner that though the degree obtained by the petitioner is through distance education mode it is not in fact so as the petitioner has attended regular classes at the Kawa Institute of Management. This in my view will not help the petitioner. Admittedly the degree under the distance education programme by the said Institute or the said University has not till date been recognized either by the University of Kashmir or by the Government, so the petitioner cannot take benefit of the same. Learned counsel has further referred to the said taken by the University of Kashmir wherein the University authorities have stated that the degree is not recognized by the University for academic purpose and that it is for the State Government to consider it for employment purpose. The State Government has admittedly not recognized the degree for the purpose of employment as such the petitioner cannot claim any weightage on the basis of such degree. In these circumstances this petition is dismissed." 11. It is reiterated that the petitioners have not questioned the decision of the respondents and have not sought any writ of cerliorari. 12. In the aforementioned backdrop and in the totality of circumstances, the petitioners have failed to carve out a case for admission of the writ petition. As a result, writ petition merits dismissal in limine. I do so accordingly. 13. Dismissed along with all connected CMPs. Interim direction shall stand vacated. However, there will be no order as to costs.